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Hi everybody
So I’m back after almost a year
I got letter before Claim today
So it looks like I need to go through it again
I can’t find the ticket or letters
The only one I have found is
formal demand for 100£ with two photos Showing
Reg plate and second with quarter of the windscreen
But no ticket on any of them
I do not remember that one much but it is for:
The reason we issued the PCN to the vehicle is as follows:
No parking outside of a marked bay .”
Which means that the driver parked few inches to far of the line
(it was the spot where it doesn’t matter af road is probably 6 meters wide
Parking space is only on one side, and on top of it on the kerb side there’s flowers
so when you step out you go straight into them. )
I can’t really recall position of the car on that day but it’s comon they
Give them tickets for something like this I would like to draw attention it’s aresidential area
And people live here in peace and parking few inches outside the line is happening
Very often for a reason
Sometimes when you have big car parked it’s the only option
Or some people got two cars parked next to each other (him almost on the line and her
Parked the best she could using a little oh “his”space — no harm in it
Or theres deserted cars or parked for months and it’s common people almost touch this car
to get more space to get out
I could multiply situations where parking outside of the line makes EVERBODYS life easier
There was many pregnant girls along the year and they got tickets for parking out of line or while unloading their car in common ways but on yellow lines
I don’t want to waste the time and excuse myself but true is it’s private court
And people do everything to be nice to each other and tickets like this are not fair
The scheme is targeted on residents and they ripping people for using what they deserved /are entitled to use

This letter before action is kind of different
got some king of a breakdown of fee and note about paragraph 4
Of the pre action protocol

Ok
Can anybody send me to most revelant posts over last year
Did anything changed since Gladstone’s been ashamed in House of Commons
I completely forgot the route
Please anybody help with this preparation
I’m pretty sure they will take me to court again.
If anybody can list the steps or link with them here i would have the start
I’m father of three now and completely don’t have time to read EVERYTHING again
So would like to limit to really most important bits
I have done it before so it shouldn’t be that difficult this Time, what I mean, is I would like somebody to guide me to most revelant cases(newest) and links ,( I read all the forum year ago)
The biggest problem I had lost time was that I got confused and couldn’t focus
On most important bits of my case.
So anybody please guide me to links:
1- with what’s next
2- newest cases about residential areas
3- most revelant cases
Is school run mum still here?
Maybe anyone interested in going to court with me? Or any ideas where to get
The cheapest legal help and is there any point.

Thanks


cabbyman
Is this a new ticket or does it relate to one of your previous cases?

IF this is a new case, you really need to get here a bit sooner in the process, like when you get the first notification of a problem. Many of these can be prepared over a period to set them up for a loss. This one will be an uphill battle, being so far down the line.

Jlc
This post?
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QUOTE (Jlc @ Mon, 1 Apr 2019 - 20:33) *

Jlc please look who’s post is it
It’s different ticket
That’s what I mean they ticket all the time
I keep all the “formal demands” and I have just this one
It’s probably the first as it’s for 100£
I still have to check - go through 2nd half of the documents
but have found the folder with all ppc letters
I can’t just pay them for each time my car gets ticket
Nobody wants it here
It is not fair to charge residents for parking by theirs flat
Bbl btn

It is not fair to charge residents for parking by theirs flats
Were there any new (won) cases over last year?
Did anything changed ?
Bbl btn
Hi I got another letter before the claim today for different car
So I’m in deep mud
I didn’t look for tickets or other letters for this one so don’t really know what I have got ,yet
In relation to this situation letter before the clai doesn’t say
1-Can anybody explain me what’s this thing with appeLing they offer in this letter
2- is it possible and is there any point to find other neighbours who are getting letter like this
I mean letters before claim and file the case together, ?
3- is there any point to look for legal help I have two cases now so potential cost of 320£
How much would be the legal person to assist in court
Can I join them two cases?
4- is there something I should do ASAP, or ways to stop Theo from continuing
Like letter I can send them rather then their appeal /registering thing
5 I have their previous ws and documents they use to support their clai
That include like old ageements between the lease holder and owners
6 is there any other places to go to look for help
7 is there any point to fight? I can’t pay them houndreds for parking
Of the line or in communal areas while loading
And I’m sure there must be more people who pays
And who are not happy with this
Managing agent don’t won’t to do anything about it allowing
Extortions on residents - would it made the sense to prove it to court
That it’s the residents who are targeted? And all this “managing ” by ppcs
Is nothing else it big scam and theft - cos what right they have to come and
Penalise nothing wrong-doing people, old days there used to be caretaxker and he knew
Who should get a ticket. Also when I moved in it wasn’t 60 or 10£
It was round 30 and you didn’t get a ticket every week or two
They must suck up 1000s for local people and they don’t do anything good
They sell the permits now — so when your is old you have to purchase new one
Also don’t control it so you can call them every week and order the new one
And have 5 of them as they interested only in selling them so result is people getting permit for friends and family as all the area got parking zone and there’s no spaces for residents
It is one big joke and when I when to court list time
I was sure that it’s obvious how unfair it is but didn’t know what to say
Is there anybody who I can try to convince to go with me for hearing?



Time is ticking please help
Redivi
1-Can anybody explain me what’s this thing with appealing they offer in this letter
Don't bother. UKCPM isn't in the habit of accepting appeals and the independent appeal service that it offers is a Gladstones sister company

2- is it possible and is there any point to find other neighbours who are getting letter like this
I mean letters before claim and file the case together, ?

Might have some value if you can demonstrate that the UKCPM business model is to find trivial reasons to charge residents parking on their own property

3- is there any point to look for legal help I have two cases now so potential cost of 320£
How much would be the legal person to assist in court

The best expertise is on this forum
A solicitor to assist in court would about as much as the claim and you can't recover his fee even if you win
Can I join them two cases?
You must ask the Court to do this if you receive two claims
This is a growing routine to double up on all the solicitor charges

4- is there something I should do ASAP, or ways to stop them from continuing
Like letter I can send them rather then their appeal /registering thing

If the LBC is from Gladstones - No
It's an automated process and they never see any UKCPM documents until they've issued a claim and been told that it's been defended

5 I have their previous ws and documents they use to support their claim
That include like old agreements between the lease holder and owners

And what does the lease say about parking ?

6 is there any other places to go to look for help
Nobody knows the private parking industry and the individual operators/solicitors better than here

7 is there any point to fight? I can’t pay them hundreds for parking
Of the line or in communal areas while loading

Gladstones claims, especially residential cases are fairly easy to win

And I’m sure there must be more people who pays
And who are not happy with this

That's what they rely on

Managing agent don’t won’t to do anything about it allowing
Extortions on residents - would it made the sense to prove it to court
That it’s the residents who are targeted? And all this “managing ” by ppcs

The Managing Agent has probably exceeded its authority by employing UKCPM if a lease grants a right to park
Removing an unconditional right is called "Derogation from grant" and requires at lease 75% of the residents to agree to it

They sell the permits now — so when your is old you have to purchase new one
That is very bad news for the residents
UKCPM can argue that the purchase is a contract that trumps the lease

Also don’t control it so you can call them every week and order the new one
And have 5 of them as they interested only in selling them so result is people getting permit for friends and family as all the area got parking zone and there’s no spaces for residents

It's arguable that UKCPM isn't performing the service that it's been contracted for which is reserving the parking spaces for the residents

Bbl btn
I have found the withness statement from previous case
It refers to
Cases link v blaney
—To one of the clauses from the lease but in fact name on the the lease is the owners before my land lord
Which states “the landlord and a tenant mutually covenant that they will respectively perform and observe covenants provisos and stipulations...” in last light of this the landlord/menagment company is able to bring in parking regulations and the defendant is bound by them

—To particulars of the claim

—To no authority to bring the claim — cases vcs v HM REVENUE and customes 2013 and parking eye v beavis

—To no contract — case parking eye v beavis and parking eye v somerfield— ( I should be happy to pay 100 pound for a privilege of Parking outside of the normal conditions- which is without permit-

— to the defendants avers that they were not driver

— to costs

— to aggressive and automated debt recovering

— to current debt

- there’s also photos of the sign , tcket google street view my ltter I’ve sent to UK cpm as advised on forum and their response to it , copy of lbc, copy of old lease of whole (from2005 where the clause is), lots of photos of my car, copy of case-linkvblaney


Any use for future case - where can I download the photos to put the link in here???
Bbl btn
Thanks redivi?
I received court papers today
So really need help
This time particulars of the claim sound different
“The driver of the vehicle with registration (“vehicle) parked in breach
Of the terms of parking stipulated on the signage (“the contract”) at location on the date
Thus incurring the parking charge (“the PCN”).
The driver of the vehicle agreed to pay the PCN within 28 days of issue yet failed to do so
The claimant claims the unpaid PCN from the defendant as the driver/keeper of the vehicle
Despite demands being made the defendant has failed to settle their outstanding liability
THE CLAIMANT CLAIMS £100 for the PCN £60 contractual costs pursuant to the contract and PCN terms and conditions
Together with statutory interest of £12 pursuant to s69 of the county courts act 1984 at 8% per annum continuing at 0.04 per day.”
Ok can anybody can look threw what I wrote in last few posts and guide me please
I completely don’t remember the way
I read it last month but result is I get only more confused
1–Should I just use old defence and WSor is there any thing handy from last case or in them new particulars of the claim
Should I add or substract anything
2- I need more advice about behaviour at the court last time I didn’t say the word , should I ?
3- also expect another case as they have sent me 2 letters b4 action— on what stage I join the cases?
4- is it worth looking for neighbours who got a letters ? I can literally survey everybody in the block
How much they pay in tickets , dhat were they for?have they been to court and what do they think, does it make sense to join forces with others who got the letter b4 action or court papers, will it influence judge opinion if I try to count how much they yeald from residents.
5 is there anybody I can ask to go to court with me? I mean is there anybody who is really interested in fighting them on court level.
6 what are the best/ most relevant cases/links of last year?
Thanks very much
I understand how it looks I coming here expecting answers but I really don’t have time
To sit in the front of the phone - I’m father of three kids one of them with big problem
I appreciate any help a lot
I read lots on this four and beyond but more I read more I’m loosing the plot
So ideally please send me clear directions so - on one side I don’t really have to study anything
And don’t miss anything
Will try to get to my old posts I still do not know how to navigate inside the forum
Please don’t get me wrong and don’t think I’m lazy and want to have the job done for me
I just need accurate directions or links or name of user who is familiar with Brighton residential cases

Thanks redivi?
I received court papers today
So really need help
This time particulars of the claim sound different
“The driver of the vehicle with registration (“vehicle) parked in breach
Of the terms of parking stipulated on the signage (“the contract”) at location on the date
Thus incurring the parking charge (“the PCN”).
The driver of the vehicle agreed to pay the PCN within 28 days of issue yet failed to do so
The claimant claims the unpaid PCN from the defendant as the driver/keeper of the vehicle
Despite demands being made the defendant has failed to settle their outstanding liability
THE CLAIMANT CLAIMS £100 for the PCN £60 contractual costs pursuant to the contract and PCN terms and conditions
Together with statutory interest of £12 pursuant to s69 of the county courts act 1984 at 8% per annum continuing at 0.04 per day.”
Ok can anybody can look threw what I wrote in last few posts and guide me please
I completely don’t remember the way
I read it last month but result is I get only more confused
1–Should I just use old defence and WSor is there any thing handy from last case or in them new particulars of the claim
Should I add or substract anything
2- I need more advice about behaviour at the court last time I didn’t say the word , should I ?
3- also expect another case as they have sent me 2 letters b4 action— on what stage I join the cases?
4- is it worth looking for neighbours who got a letters ? I can literally survey everybody in the block
How much they pay in tickets , dhat were they for?have they been to court and what do they think, does it make sense to join forces with others who got the letter b4 action or court papers, will it influence judge opinion if I try to count how much they yeald from residents.
5 is there anybody I can ask to go to court with me? I mean is there anybody who is really interested in fighting them on court level.
6 what are the best/ most relevant cases/links of last year?
Thanks very much
I understand how it looks I coming here expecting answers but I really don’t have time
To sit in the front of the phone - I’m father of three kids one of them with big problem
I appreciate any help a lot
I read lots on this four and beyond but more I read more I’m loosing the plot
So ideally please send me clear directions so - on one side I don’t really have to study anything
And don’t miss anything
Will try to get to my old posts I still do not know how to navigate inside the forum
Please don’t get me wrong and don’t think I’m lazy and want to have the job done for me
I just need accurate directions or links or name of user who is familiar with Brighton residential cases
ostell
It all comes down to what YOUR lease says about parking. What indeed does it say?

You mention loading in your text somewhere have you looked at the appeal case of Jopson v Homeguard? It was decided that loading/unloading was not parking. This is an appeal case and creates a precedent.
Bbl btn

Thanks Ostell

My rent agreement is generic from internet and only states that you can not park the commercial vehicles trailers and boats
Nothing about observing covenants and stipulations

They have send new permits some time ago

I don’t really remember what is this ticket for or who was the driver

Last time in court judge said that I knew about the permits so I should pay for not displaying
— permit just flew away and disappeared but I didn’t know what to say

What do you think about them particulars of the claim?

Is there any point to talk to other residents?



bobbione
You agreed to pay and then did not

That is their claim. Not any parking issues everybody is arguing. Read the claim again forum members it's for no payment of a PCN charge not a claim for breach of terms of conditions if parking.

I feel this will end up badly in court.Sorry

Just read your older topics

If want to hit back look into claim for breach of POFA in 2016 and since. One forum member gave you a prepared claim from parking pranksters.

ostell
So your rental agreement does not state that you have to display a permit nor pay a third party stranger if you do not. Contact your landlord and ask him what his lease says about parking.

So lets have a picture of the signs.
Redivi
Can you explain the bit about "agreed to pay within 28 days" ?

Curious about a couple of phrases in your original post

There was many pregnant girls along the year and they got tickets for parking out of line or while unloading their car in common ways but on yellow lines
…….
I’m father of three now and completely don’t have time to read EVERYTHING again
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To bobbione
I completely don’t understand your post
1-what do you mean end badly in court?
Them pariculars are different then others I had, they also mention stipulations
But do you reckon they have bigger chance of winning
I never agreed to be honest the fact they put it on sign doesn’t mean
I agreed, when I moved in there was caretaker he knew who is not from the court and was calling the parking/security’s company. Then it changed , and caretaker job gone they sold his flat and it’s not what It was
At court judge said i should obey them covenants
But Gladstone read it from the lease I have never seen probably from previous sale or maybe from managing agent
2-With all respect answer like read earlier posts is not helpful - which one?
3- what do you mean by breach of pofa, ( do you mean MIL case?)hows that relates to my case now




To ostell
No my agreement don’t mention a letter about permits
Only that you can’t park commercials and boats and campers
I will take photos once I’m back in 5 days




To redevi
By everything I mean forum
Not all the kids in my block are mine there’s a new born Avery few months literally all the flats own by young couples

I wrote all the particulars as they are on the letter .
I know I didn’t agree - but because they put signs I did — come on — still not fair
Penalty like that in town £70 reduced to £35 in 14 days nobody would agree to pay 100 for being of the line
Plus they sending me ticket to my adress which proof I’m a resident, I could write for ages about how stupid is this set up
But to the point
I still need answers




What is the best to download the photos so I can display link only???
bobbione
From your post 9th May



This time particulars of the claim sound different
“The driver of the vehicle with registration (“vehicle) parked in breach
Of the terms of parking stipulated on the signage (“the contract”) at location on the date
Thus incurring the parking charge (“the PCN”).
The driver of the vehicle agreed to pay the PCN within 28 days of issue yet failed to do so
The claimant claims the unpaid PCN from the defendant as the driver/keeper of the vehicle
Despite demands being made the defendant has failed to settle their outstanding liability
THE CLAIMANT CLAIMS £100 for the PCN £60 contractual costs pursuant to the contract and PCN terms and conditions
Together with statutory interest of £12 pursuant to s69 of the county courts act 1984 at 8% per annum c

If this is the claim then you need a defence as to why UKCPM cannot have the money you agreed to pay them.

There is no advice on this topic tackling the claim so you have no defence and will lose the case.
Unless you have proof you did not agree to pay or there was some way you were forced to agree to paying them £100.
Sheffield Dave
QUOTE (bobbione @ Sun, 12 May 2019 - 05:30) *
If this is the claim then you need a defence as to why UKCPM cannot have the money you agreed to pay them.

There is no advice on this topic tackling the claim so you have no defence and will lose the case.
Unless you have proof you did not agree to pay or there was some way you were forced to agree to paying them £100.


In the absence of any additional information from the OP, it is likely that the "agreed to pay PCN in 28 days" is simply a condition in the contract - i.e. one of the T&C's on the sign. Since the major defence in a residential case is that the lease has primacy, and that the defendant, merely by parking, didn't indicate acceptance of another contract which they had no desire to, nor need to, enter into. If so, then it comes down to whether their lease requires them to pay £100 to a third-party for certain types of parking.
Redivi
That's what I think is the explanation of "agreed to pay"

The Court, however, works on the principle that, if you don't dispute a point, you agree with it

The OP's defence therefore must state clearly that he denies that he has ever agreed to pay the PCN
bobbione
If he hasn't agreed to pay then needs proof.

Normally the PPC claim is for an unpaid parking charge not for an agreed settlement.

Even OP states it's different to his previous claim by UKCPM.

Best establish relevant defence or wasting money and time.

Read the claim again. I have twice and it's more he agreed to pay and did not rather than anything else.
"driver of the vehicle agreed to pay the PCN within 28 days of issue yet failed to do so"

Sheffield Dave
I concur that the OP in his defence needs to deny that he agreed to pay.

But we still haven't seen any evidence to suggest that the "agreed to pay" refers to anything else other than the parking sign T&C's.

If it does refer to the T&Cs, then the claimant has to provide evidence that the contact was entered into (e.g. photos of a parked car). The defence follows the usual paths of denying that such a contact has been entered into (e.g. poor signage), or that liability has transferred.

If it refers to something completely different, then it is up to the claimant to show that there was such an agreement ("here is letter from the defendant promising to pay us £100 within 28 days"). Unless the OP has been foolish enough to make such a promise, they aren't going to be able to prove it. It isn't for the defendant to have to prove a negative.
Bbl btn
Ok time is running out

What to do

Acknowledge

And then?

Should I just add to my defence that I didn’t agree
I have no proof obviously but they don’t too is it court the place to tell you don’t agree
I didn’t agree to put the signs and pay 100 or 250 as they want on the claim for for Park no out of the lines or when the permit disappeared,

It’s my parking

Guys I still didn’t received concrete answers
All my questions got number)

I m really tired of this I thought there are people interested in fighting them
It looks like they I will jus price my out the same defence and ws
As if I’m going to loose I don’t want to waste extra time
This time I will just have a go nd ask coutr all those obvious questions
Like
Why do I need to pay thousands for parking at home
And why they let them do it if everybody knows it’s scam??
And I want to stop it and where do I express my disagreement
Guys please help me .
Bbl btn
If you don’t help me they will win again
I wast trying once and I lost
My old topic how to deal with it from the beginning—- didn’t go well
Is it possible to win at all??
Cos if I’m going to loose there a no point to wast E a minute on it
So if you are really interested in changing anything in this industry and fighting them here you go
There your chance to prove it’s possible I will do everything to help but I can waste my life for it if there 50-50 chance of winning
I ont want you to do the job for me
But on my own I have no chance in court I’m foreign


What is their proof I have agreed???
Redivi
Don't get so hung up on this "agreed" point
You dismiss it with one sentence - The Defendant denies that he has ever agreed to make a payment to the Claimant

Parking companies do not win many residential cases
Get out of your thread and search for examples of defences - Search Box in top right hand corner

Time is most certainly NOT running out
You only received the claim five days ago
The court doesn't start the clock until five days after the date of issue

Your only urgent task is to follow the instructions to acknowledge the claim:

You do not contest jurisdiction
You dispute the whole of the claim
Do not put anything at all in the Defence box

This will then give you 33 days from the date of issue to submit your defence

bobbione
You have been through this process twice before.

From reading your old topics youe were inclined to be paying the next fines.

If you cannot remember sending any documents back to UKCPM agreeing to pay then go to court.

Ask UKCPM for all information they hold this should arrive in time . Goto legalbeagles website where there is a standard letter to send to get similar information via CPR rules.




ostell
So you have dismissed the request to supply what the rental agreement says about parking. That is really the crux of your defence. What does your landlord say about parking? Have you asked him?

What do the signs say? Have you supplied a photo odf one.

It's difficult to help when you dismiss or ignore the help that is offered.
Bbl btn
Ostell I’m not ignoring or dismiss anything
I count on your help it’s all I have
In my tenancy agreement there’s only one exhibit about paling and its ban for the commercial and boats and trailers
Where I can download the photos to put the link here
I’m in London super busy
But will try to do it tonight
ostell
So in your tenancy agreement it permits parking apart from .... and does not require a permit or to pay a third party. You need to contact your landlord to see what they understand about parking
Bbl btn
I m good friend with landlord and in fact he never lived there
So he has no clue about the parking and there’s nothing he makes me do except maintaining the flat and bevaving properly
I mean nothing unusual that he would ever point
For tenancy agreement we used standard generic form
He only contacts menaging agent who charges him for service
There must be some paperwork between them - I’m going to meet next week and hopefully go with him thgougball the paperwork he can find about owing/leasing/maintaining /this flat
The court is about 100 flats privately owened
There’s something like. Court Board and they do open meeting once a year but only owners can have voice not tenants
Managing agent is responsible for maintaining — I Han some paperwork about it (deal between com and them)from last case if that’s useful, they used to have the keeper caretaker and he was calling wife security’ ( I think I m not quite sure how it worked before I moved in ) or later parking company to give you ticket but it was him to pretty much decide who will get the tickets then they started to give it anybody my first one was on 31.12 New Years night to my girlfriend for being of the line literally 2 inches. I’m here about 5-6 years when I moved in I got a permit from the previous owner
I won’t write how many tickets i got over years

Still don’t know how to download the photos —- my telephone makes them big size
Last case I lost becouse judge said I knew about the rule of having the permit
And it was old covenant and Gladstone’s had this exhibit in some agreement I have never seen
I didn’t ask any questions? About logic or fairness if this situation
Was sitting quiet , I wasn’t even the driver
This time I need more advice about what to do inside the court
Thanks everybody for clarifying the picture of future defence



Bbl btn
My tenancy agreement doesn’t state anything specific in relation to parking at this adress or parking rules or term
Parking company sends the permits — usually when they change , I mean companies
Very often people used to use old permits super old like few years old there was at least half a dozen od different permits
Round from coast to coast then green with date and fading in two months (invisible) then green with date
And recently changed the colour to red-ish before people used the old ones niw when they made red they got another reason to ticket people — they have sent them to flats I think 3 of them
There’s pretty much the same note as it’s on the sign - shorter about parking in lines about displaying and something else will take the photo if somebody will finally answer what is the best site to reduce photos size or to download it and then put the link in here
ostell
OK, your tenancy agreement mentionds parking and states what you can#'t park. It also doesn't require you to display a permit nor pay if you don't

Ha ve you contacted your landlord yet to see what his lease says about parking.

So the permits are issued by the parking companies free of charge without being requested.

You might like to use imgur to hosp your photos and put the link on here
Bbl btn
https://i.imgur.com/LxXWgTj.jpg
Does it work?

Permits are send free of charge but if you loose one or want another you pay 5£
In fact there’s no control so if you pay you can have more then few
It’s 3 they are sending free
Bbl btn
On a defence papers do I fill in part 5?
Redivi
What's part 5 ?
ostell
Even Defence Papers? You write the defence in a word processor and get it in the correct format then send to the court. You make it easier for a judge to read and comprehend.
Bbl btn
I got confused with the signature was purely looking at wrong page
One too far and panic as I couldn’t log to zendesk as it shows it doesn’t exists
I have sent only page with acknowledgement

I can’t login to the website I have sent acknowledgment by post

I didn’t start defence yet but want to have it if my head this week
So
My questions are
1 what are the key pint of my defence - the strongest to defend me and what’s the weakest arguments /facts
2 how much from old /previous defence is revelant what should be added what removed
3is this imgur thing working for you ? Can I put some more ?
4 still nobody wrote are there any new (less then year old) cases relevant to mine or which I should read /use
5also can you point all or as much of the links I should read including basic—- but please refer from answers like you need to do some reading — it’s what I’m doing — I read a hell lots of the stuff on this forum and as I write many times it only confuses me more and more like reading the whole tread only to find out there’s nothing useful please

I don’t want you to do the job for me , just help , I’m foreign but with higher education
I’m good person too and help others , don’t ask for help often but this time I need it
I find it embarrassing to ask for help but want to fight them not only because I don’t want to pay— it would be easier to pay — I WANT TO FIGHT THIS AS ITS WRONG AND NOT FAIR — so many times you wrote it’s easy to win
So let’s do this , I’m all yours , but need guidance. — direct guidance
I understand I’m not the only one who needs help and I don’t want all your attention
I write the questions and wait patiently for answers if you show me I will learn/do it
I know your knowledge in this subject is priceless and I really apriciate and respect all your
Comments ,

I will have few easier days now so can deal with the thing
I have the old defence( which is in my old posts just put my username in search)
Which ideally , I would like to re edit , any thoughts most welcome.
Thanks

Bbl btn
Ok spoke with the land lord
Who has send the requests to me aging company
As he couldn’t find any reference about using the road
And answer is

Yes, you’re correct with your understanding. As it’s private land owned by the freehold they can implement rules/regulations as may be deemed fair and reasonable to ensure the smooth operation of parking on the site.

Each property is assigned two permits and there is no charge for the issuing of these, however any replacements are handled by CPM direct and whether they charge an administration fee for replacements is at their own discretion (they often don’t, aside ‘serial permit mis-placers’)

All of the parking rules and conditions can be found on numerous signage across the estate which is provided by CPM direct.”
He also requested parking rules but they didn’t supply them

ostell
That's the rub, "fair and reasonable" It is not reasonable to be charged £100 for parking. Derogation of grant springs to mind.
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ok that's my old defence
what should I add or how to form them two first exibits %$ what is the most important and do I add any newer cases? --I still didn't
get the answer are the any new significant cases relevant to mine.
can anyone analize the sign for me, ?
ii have few days left would like to send it of tomorrow or day after the latest, is it better to send it in envelope or email it,



CLAIMANT UK CPM

AND

DEFENDANT
CASE:

$ the defendant denies entering into any contract with claimant

% the amount claimed id evidently disproportionate to any loss suffered by the claimant and is therefore unconscionable when compared to facts in the wholly
different case of ParkingEye ltd v Beavis given the fact that this charge is an arbitrary and unilaterally-imposed penalty against residents offending against the principal
of non derogation from grant

1 The disputed parking charge relates to a Parking Charge Notice (PCN) for an alleged (denied) 'breach' of purported 'terms' of parking.  These are terms that this
third party - - a non-landowning private parking company - Claimant avers apply to established residents on the land at Cliveden Court, Cliveden Close, Brighton.  
However, the Defendant and family (more than one of whom drive the vehicle in question) have lived here for many years and have enjoyed rights of way, and an
allocated parking space and other rights granted with the flat, long before this Claimant appeared.  The Defendant's Tenancy Agreement does not impose any 'parking
charge' nor a requirement to display any kind of permit to park.   My Tenancy Agreement has not been varied to allow for any onerous risk of daily parking charges,
and nor could it be so varied by a party such as the Claimant, who are strangers to the Agreement.


2 It is admitted that the Defendant is the registered keeper of the vehicle in question.

3 The Particulars of the Claim submitted to the Defendant provide no statement to the nature of the claim and the Defendant does not believe these
particulars to be compliant with Civil Procedure Rules 16.4 nor Practice Direction 16 7.3-7.5 inhibiting the ability of the Defendant to provide
a comprehensive and conclusive defence.

4 The Defendant has prepared the defence on the presumption that the alleged parking contravention is in reference to an occasion whereby the Defendant’s
vehicle was parked in an leasehold residential parking space at the home address of the Defendant. 


5 The Defendant denies that the Claimant has the authority to bring a claim. The Claimant does not own the land where the vehicle was parked, nor does
he have any interest in the land. He therefore lacks the capacity to offer parking.
-The Claimant has failed to provide strict proof of a chain of contracts leading from the landowner to the Claimant which show that they have a right to unilaterally
remove or interfere with the overriding rights conferred in the Lease.
-Alternatively, even if a contract could be established, the provision requiring payment of 242.44 is an unenforceable penalty clause and an unfair term contrary to
the Consumer Rights Act 2015.


6 The presence of the Claimant on the land will have supposedly been to prevent parking by uninvited persons, for the benefit of the actual leaseholders and their
invited guests. Instead a predatory operation has been carried out on those very people whose interests the Claimant was purportedly there to uphold.
-The vehicle was parked on land in accordance with the terms of the Lease.

7 In the case of Saeed v Plustrade Limited [2001] EWCA Civ 2011 parking restrictions and a change which caused detriment to tenants and their visitors were held
to be in breach of the well known and well established principle that ‘a grantor shall not derogate from his grant’

8 The signage at the site states that UK CPM manage the site without stating on whose behalf.
The contract requires the Client to display a valid parking permit at the site also refers to valid parking permits, but there is no definition of what constitutes a valid
or invalid permit.


9 The Defendant believes that his personal details have been obtained unlawfully by the Claimant and asks that the Court does not to assist the Claimant to benefit
from a wrongdoing. (Ex turpi causa non oritur action).

10 The Defendant has no liability as they are the keeper of the vehicle and the Claimant has failed to comply with the strict provisions of POFA 2012 to hold anyone
other than the driver liable for the charges.
-The driver has not been evidenced on any occasion.
-There is no presumption in law that the keeper was the driver and nor is the keeper obliged to name the driver to a private parking firm. This was confirmed in the
POPLA Annual Report 2015 by the POPLA Lead Adjudicator and the barrister, Henry Gleenslade, when explaining the POFA 2012 principles of ‘keeper liability’ as set
out in Schedule 4.


11 The Particulars of Claim do not give any reasons why the Claimant requires a payment other than it results from the ‘Parking Rules’ on the signage.
It is a forbidding sign that cannot create a contract. In the cases of B4GF26K6 PCM (UK) v Mr B, B4GF27K3 PCM (UK) v Mr W and B4GF26K2 PCM (UK) v Ms
L it was demonstrated that forbidding signage at residential parking spaces did not create a contract. 


12 This case can be distinguished from ParkingEye v Beavis [2015] UKSC 67 (the Beavis case) which was dependent upon an undenied contract, formed by unusually prominent signage forming a clear offer and which turned on unique facts regarding the location and interests of the landowner. Strict compliance with the BPA(CoP) was paramount and Mr Beavis was the driver who saw the signs and entered into a contract to pay £85 after exceeding a licence to park free. None of this applies in this material case. 
-In Beavis it was held that the purpose of a parking charge must not be to penalise drivers. Justification must depend on some other ‘legitimate interest in performance extending beyond the prospect of pecuniary compensation flowing directly from the breach in question’. The true test was held to be ‘whether the impugned provision is a secondary obligation which imposes detriment on the contract-breaker out of all proportion to any legitimate interest […..] in enforcement of the primary obligation’ 
-There can be no ‘legitimate interest’ in penalising residents or their visitors for using parking spaces, under the excuse of a scheme where ostensibly and as far as the landowner is concerned, the parking firm is contracted for the benefit of the residents. It is unconscionable, contrary to the requirement of good faith and ‘out of all proportion to any legitimate interest’ to fine residents or their visitors for using allocated parking spaces.



13 The exact question regarding terms in a lease was tested recently at Oxford County Court, JOPSON v HOME GUARD SERVICES, Appeal case number B9GF0A9E on 29/9/2016. I will include the transcript of that case at any hearing.
-The Jopson Appeal case is a persuasive Appeal decision, where Senior Circuit Judge Charles Harris QC found that Home Guard Services had acted unreasonably when issuing a penalty charge notice to Miss Jopson, a resident of a block of flats. 

14 The Defendant also relies upon the Croydon Court decision in Pace Recovery and Storage v Mr N C6GF14FO 16/9/2016, where District Judge Coonan dismissed the claim and refused leave to appeal, having found that a third party parking firm cannot unilaterally alter the terms of the tenancy agreement.

15 The Defendant disputes that the Claimant has incurred solicitors costs of £50 to prepare the claim. The Defendant refers the Court to the incompetent Particulars of Claim that disclose neither the basis for the claim nor a definite cause of action.


16 The Claimant’s solicitors are known to be a serial issuer of generic claims similar to this one, with no due diligence, no scrutiny of details nor even checking for a true cause of action. HMCS have identified over 1000 similar poorly produced claims and the solicitor's conduct in many of these cases is believed to be currently the subject of an active investigation by the SRA. 


17 I believe the term for such conduct is ‘robo-claims’ which is against the public interest, demonstrates a disregard for the dignity of the court and is unfair on unrepresented consumers. I have reason to believe that this is a claim that will proceed without any facts or evidence supplied until the last possible minute, to my significant detriment as an unrepresented Defendant.


18 I suggest that parking companies using the small claims track as a form of aggressive, automated debt collection is not something the courts should be seen to support. 


19 It is denied that the Claimant has authority to bring this claim. The proper Claimant (if any debt exists, which is denied) would be the landowner.


20 I request the court strike out this claim for the reasons stated above, and for similar reasons cited by District Judge Cross of St Albans County Court on 20/09/16 where a similar claim was struck out without a hearing, due to Gladstones' template particulars for a private parking firm being 'incoherent', failing to comply with CPR16.4, and ''providing no facts that could give rise to any apparent claim in law''.

I believe that the facts stated in this claim defence are true.
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when do I send witness statement /?
ostell
When the court tell you to, usually 14 days before the hearing.
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Patel can I use this defence ? Or does it need any drastic changes?
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Last post should be
ostell instead of Patel it’s dictionary
So ostell can I file this defence?
ostell
Expand your acronyms the first time you use them, ie the Protection of Freedoms Act 2012 (POFA )
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ostell where and how I should highlight I never agreed to anything?
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ostell are you there ???
have you seen the sign is there something about it ii should add or take off?
im just sitting on it and will send it of during the schoolrun , is better for judge to read it in hand or on the computer?

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Brighton 6.6.19
COUNTY COURT


CLAIMANT UK CPM

AND

DEFENDANT
CASE:




1 The disputed parking charge relates to a Parking Charge Notice (PCN) for an alleged (denied) 'breach' of purported 'terms' of parking.  These are terms that this third party - - a non-landowning private parking company - Claimant averse apply to established residents on the land at , Brighton.  
However, the Defendant and family (more than one of whom drive the vehicle in question) have lived here for many years and have enjoyed rights of way, and an allocated parking space and other rights granted with the flat, long before this Claimant appeared.  The Defendant's Tenancy Agreement does not impose any 'parking charge' nor a requirement to display any kind of permit to park.   My Tenancy Agreement has not been varied to allow for any onerous risk of daily parking charges, and nor could it be so varied by a party such as the Claimant, who are strangers to the Agreement.
2 Defendant denies entering into any contract with claimant

3 The claimant claims “£100 for PCN, £60 contractual costs pursuant to contract and PCN terms and conditions, together with statutory interest of 12£ pursuant to s69 of the County Courts Act 1984” £50 legal representative cost 25£ court fee totalling to £247. The amount claimed is evidently disproportionate to any loss suffered by the claimant and is therefore unconscionable when compared to facts in the wholly
different case of ParkingEye ltd v Beavis given the fact that this charge is an arbitrary and unilaterally-imposed penalty against residents offending against the principal
of non derogation from grant


4 It is admitted that the Defendant is the registered keeper of the vehicle in question.

5 The Particulars of the Claim submitted to the Defendant provide no statement to the nature of the claim and the Defendant does not believe these particulars to be compliant with Civil Procedure Rules 16.4 nor Practice Direction 16 7.3-7.5 inhibiting the ability of the Defendant to provide a comprehensive and conclusive defence.

6 The Defendant has prepared the defence on the presumption that the alleged parking contravention is in reference to an occasion whereby the Defendant’s vehicle was parked in leasehold residential parking space at the home address of the Defendant. 


7 The Defendant denies that the Claimant has the authority to bring a claim. The Claimant does not own the land where the vehicle was parked, nor does he have any interest in the land. He therefore lacks the capacity to offer parking.
-The Claimant has failed to provide strict proof of a chain of contracts leading from the landowner to the Claimant which show that they have a right to unilaterally remove or interfere with the overriding rights conferred in the Lease.
-Alternatively, even if a contract could be established, the provision requiring payment of247.00 is an unenforceable penalty clause and an unfair term contrary to the Consumer Rights Act 2015.


8 The presence of the Claimant on the land will have supposedly been to prevent parking by uninvited persons, for the benefit of the actual leaseholders and their invited guests. Instead a predatory operation has been carried out on those very people whose interests the Claimant was purportedly there to uphold.
-The vehicle was parked on land in accordance with the terms of the Lease.

9 In the case of Saeed v Plustrade Limited [2001] EWCA Civ 2011 parking restrictions and a change which caused detriment to tenants and their visitors were held to be in breach of the well known and well established principle that ‘a grantor shall not derogate from his grant’

10 The signage at the site states that UK CPM manage the site without stating on whose behalf.
The contract requires the Client to display a valid parking permit at the site also refers to valid parking permits, but there is no definition of what constitutes a valid or invalid permit.


11 The Defendant believes that his personal details have been obtained unlawfully by the Claimant and asks that the Court does not to assist the Claimant to benefit from a wrongdoing. (Ex turpi causa non oritur action).

12 The Defendant has no liability as they are the keeper of the vehicle and the Claimant has failed to comply with the strict provisions of Protection of Freedoms Act(POFA) 2012 to hold anyone other than the driver liable for the charges.
-The driver has not been evidenced on any occasion.
-There is no presumption in law that the keeper was the driver and nor is the keeper obliged to name the driver to a private parking firm. This was confirmed in the Parking on Private Land Appeals (POPLA) Annual Report 2015 by the POPLA Lead Adjudicator and the barrister, Henry Gleenslade, when explaining the POFA 2012 principles of ‘keeper liability’ as set out in Schedule 4.


13 The Particulars of Claim do not give any reasons why the Claimant requires a payment other than it results from the ‘Parking Rules’ on the signage. It is a forbidding sign that cannot create a contract. In the cases of B4GF26K6 PCM (UK) v Mr B, B4GF27K3 PCM (UK) v Mr W and B4GF26K2 PCM (UK) v Ms L it was demonstrated that forbidding signage at residential parking spaces did not create a contract. 


14 This case can be distinguished from ParkingEye v Beavis [2015] UKSC 67 (the Beavis case) which was dependent upon an undenied contract, formed by unusually prominent signage forming a clear offer and which turned on unique facts regarding the location and interests of the landowner. strict compliance with the British Parking Assotiation (BPA) was paramount and Mr Beavis was the driver who saw the signs and entered into a contract to pay £85 after exceeding a licence to park free. None of this applies in this material case. 
-In Beavis it was held that the purpose of a parking charge must not be to penalise drivers. Justification must depend on some other ‘legitimate interest in performance extending beyond the prospect of pecuniary compensation flowing directly from the breach in question’. The true test was held to be ‘whether the impugned provision is a secondary obligation which imposes detriment on the contract-breaker out of all proportion to any legitimate interest […..] in enforcement of the primary obligation’ 
-There can be no ‘legitimate interest’ in penalising residents or their visitors for using parking spaces, under the excuse of a scheme where ostensibly and as far as the landowner is concerned, the parking firm is contracted for the benefit of the residents. It is unconscionable, contrary to the requirement of good faith and ‘out of all proportion to any legitimate interest’ to fine residents or their visitors for using allocated parking spaces.



15 The exact question regarding terms in a lease was tested recently at Oxford County Court, JOPSON v HOME GUARD SERVICES, Appeal case number B9GF0A9E on 29/9/2016. I will include the transcript of that case at any hearing.
-The Jopson Appeal case is a persuasive Appeal decision, where Senior Circuit Judge Charles Harris QC found that Home Guard Services had acted unreasonably when issuing a penalty charge notice to Miss Jopson, a resident of a block of flats. 

16 The Defendant also relies upon the Croydon Court decision in Pace Recovery and Storage v Mr N C6GF14FO 16/9/2016, where District Judge Coonan dismissed the claim and refused leave to appeal, having found that a third party parking firm cannot unilaterally alter the terms of the tenancy agreement.

17 The Defendant disputes that the Claimant has incurred solicitors costs of £50 to prepare the claim. The Defendant refers the Court to the incompetent Particulars of Claim that disclose neither the basis for the claim nor a definite cause of action.


18 The Claimant’s solicitors are known to be a serial issuer of generic claims similar to this one, with no due diligence, no scrutiny of details nor even checking for a true cause of action. HMCS have identified over 1000 similar poorly produced claims and the solicitor's conduct in many of these cases is believed to be currently the subject of an active investigation by the SRA. 


19 I believe the term for such conduct is ‘robo-claims’ which is against the public interest, demonstrates a disregard for the dignity of the court and is unfair on unrepresented consumers. I have reason to believe that this is a claim that will proceed without any facts or evidence supplied until the last possible minute, to my significant detriment as an unrepresented Defendant.


20 I suggest that parking companies using the small claims track as a form of aggressive, automated debt collection is not something the courts should be seen to support. 


21 It is denied that the Claimant has authority to bring this claim. The proper Claimant (if any debt exists, which is denied) would be the landowner.


22 I request the court strike out this claim for the reasons stated above, and for similar reasons cited by District Judge Cross of St Albans County Court on 20/09/16 where a similar claim was struck out without a hearing, due to Gladstones' template particulars for a private parking firm being 'incoherent', failing to comply with Civil Procedure Rules CPR16.4, and ''providing no facts that could give rise to any apparent claim in law''.

I believe that the facts stated in this claim defence are true.


is that ok ?
what's better for judge paper or digital -- I didn't go to website at all -I ve sent the acknowledgement by post, and editor I'm working in doesn't convert to word , format.
can anyone advise on it , and can I or should add anything about the sign?
please help I need to send it off today.




can I highlight or bold anything in the text
should I add more about me not agreeing?
if yes where to insert it

do I need to print and send the cases or later with statement?

anybody please help?
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ostell??
ostell
You've said they have failed POFA. Which bits.

They can claim £50 solicitors costs and £25 court costs.

There is no mention of your landlord being demised the space as part of his lease, if that is the case then the PPC have trespassed onto the space.

Have you got a copy of your landlords lease?

Evidence is added as exhibits to your witness statement later
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I didn’t really think about it
Last time I have sent them letters in response to Lbc
So this is left overs of the old defence. Should I earase it?
Same with them amounts should I delete it
And wats better post or e mail?
I only have my agreement
When I spoke with my land lord he said he can’t find in his his nothing about parking
He also said road is not his. So he can’t manage it
He requested info from managing agent and they have send him the letter I wrote earlier




Letter from Remus menacing agent to my landlord


Yes, you’re correct with your understanding. As it’s private land owned by the freehold they can implement rules/regulations as may be deemed fair and reasonable to ensure the smooth operation of parking on the site.

Each property is assigned two permits and there is no charge for the issuing of these, however any replacements are handled by CPM direct and whether they charge an administration fee for replacements is at their own discretion (they often don’t, aside ‘serial permit mis-placers’)

All of the parking rules and conditions can be found on numerous signage across the estate which is provided by CPM direct.
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Anybody?
Please advise
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